2002 Supreme(Del) 1524
High Court Of Delhi
GITA SHARMA - Appellant
Versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTK) - Respondent
Civil 3420 of 2002
Decided On : 09/26/2002
A.K.TEWARI, C.Badri Nath Babu, C.M.ANGADI, C.P.Sharma, Jagat Arora, R.K.SINGHAL
Headnote:All India Council for Technical Education Act, 1987 -Sections 2(h) & 10 (k) — Education — Hotel Management and Catering Course — Duration — Hotel
Management institute all over India running four year degree course under approval of All India Council for Technical Education (AICTE) — National Council for Hotel Management and Catering Technology, a society registered under Societies Registration Act, starting three year degree course without approval of AICTE — Hotel Management and catering course being a technical course any institute starting such course should obtain approval of AICTE — Respondent society, though affiliated to a university, directed to approach AICTE for approval as it is not the university that started the curriculum a department.
Held:
AICTE is a body constituted by the Act of the Parliament, namely, the All India Council for Technical Education Act, 1987. AICTE has been established with a view to promote, plan and coordinate the development of technical education system throughout the country and for the promotion of qualitative improvements of such educa- tion in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith.
Hotel management and catering course would he a technical course.
thereforee, any institute starting such a course will have to take approval of the AICTE.
It is the respondent No. 2 which is an independent society registered under the Societies Registration Act, which has started this course. It has sought and is being given affiliation by the respondent No. 4/university.
The provisions of AICTE Act cannot be by-passed by an institution which is otherwise a technical institute as defined under Section 2(h) of the AICTE Act on the pretension that it has sought affiliation with an university and university is no! required to seek prior approval of AICTE.
But for the so-called MOV between the respondents No. 2 and 4 or the affiliation of respondent No. 2 with the respondent No. 4 university, the respondent No. 2 being a technical institution imparting technical course, was bound to seek approval of AICTE. This position would not change merely because it is now affiliated with the university.
It is only, when a university as a department starts such a course itself or programme in technical education or a technical education as an adjunct to the university itself is to conduct technical courses that no such approval of the Council is required.
( 1 ) THE petitioner, who is an Advocate by profession, has filed this writ petition in public interest. The issue brought before. the court by means of this writ petition relates to the starting of a three year degree course for hotel management and catering by the respondent No. 2, namely, National Council for Hotel management and Catering Technology. The respondent no. 2 is affiliated to the Indira Gandhi National Open university (IGNOU) which is arrayed as respondent No. 4. The commencement of this course by the respondent No. 2 with the blessings of the IGNOU is challenged primarily on the ground that the IGNOU, which is a University, provides only correspondence courses and technical courses like the one started by the respondent No. 2 can only be provided through regular practical training. It is further stated that in any case after the parliamentary enactment in the shape of All India council for Technical Education Act, 1987 (for short the AICTE Act ), it is this Council which regulates and controls the technical education to the students all over India and without the approval of the AICTE the respondent No. 2 could not have started such a course Section 10 (K) of the AICTE Act has been referred TO to for this purpose. It is also stated that while all over India hotel management institutes are running under the approval of AICTE and provide a four year degree course, the three year degree intended by the respondent No. 2 is in clear violation of the AICTE guidelines and disturbs the uniformity otherwise sought to be maintained. It is also alleged that the academic scheme of teaching for four year degree by which 15 hours practical training is a must in the 1st year and 15 hours in the 2nd year, 15 hours in the 3rd year and 16 hours in the fourth year, teaching course as per law no technical institute can run without approval of aicte all over India. This act of the respondents ie in clear violation of AICTE rules and if it is allowed to run the three year degree course without any practical training the same ie in violation of its rules and IGNOU which is only providing correspondence course only. It is further stated that there is no practical training programme and without practical training the degree of Hotel Management and Catering course is a clear violation of the AICTE guidelines and it cannot be permitted to run. Thousands of students are getting education ell over India in Hotel management and Catering Training (HMCT) which is duly approved by the AICTE rules and norme. The studente who have Joined training in four years degree course are wasting their 1 year s precious time and money which as per the proposed course the respondents are providing the degree for the same course in three years which is a clear violation of Article 14 of the constitution of India. It is also stated that the proposal for running a three year degree course without any practical training programme ie in clear violation of AICTE rules which cannot be permitted to run and if it is not restrained immediately it will put a question mark on the career of those students seeking admission in the proposed Training Programme which shall start from July, 2002.
( 2 ) IT may be stated at the outset that the AICTE (respondent No,l) has filed its counter affidavit supporting the aforesaid plea of the petitioner. According to it, the respondent No. 2 has illegally signed a Memorandum of Understanding with IGNOU to offer a three year Degree Programme to be run by the respondent No. 2 which is a matter of serious concern for AICTE approved degree HMCT courses, which are of four years duration. Several institutions have apprehended that the student* will not be attracted to the AICTE approved four year degree course in HMCT and would rather prefer the three year degree course of the respondent No. 2. It is maintained that such professional degree courses ought to be of four years duration. The AICTE has also taken a categorical sta